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V NAGARAJA SARMA (Superintendent (Retired) II AJFCM. Court Kadapa)     29 September 2013

Clarification

15 Junior Assistants have been called for, for personal interview for promotion to the posts of 8 Senior Assistants.  The 3rd person is fully qualified for promotion against 8 vacant posts of Senior Assts., and he was to retire from service on the AN. of 31.5.2013.  It was told by the Appointing Authority that Office Note prepared for giving promotions was signed by him on 16.5.2013 itself .  No posting orders have been issued till 31.5.2013 the date of retirement of 3rd person who is fully qualified for promotion and the said 3rd person lost promotion, thereby sustained heavy monetary loss of Retirement benefits.  No orders have been passed against the said 3rd person as to why he was ignored for promotion to the post of Senior Asst., In order to prefer an administrative appeal against the Posting Orders issued by the appointing authority dated 6.6,.2013 i.e., after the date of retirement (31.5.2013) of 3rd person who is fully qualified ignoring the said 3rd person, the said 3rd person asked Office Note prepared for giving promotions for 8 senior Asst., posts among the 15 qualified persons wherein the applicant is the 3rd person and some other documents under RTI. Act.  The State Asst. Public Information Officer not furnished the said Office Note prepared for giving promotions against 8 existing vacancies of Senior Asst., among 15 eligible qualified candidates as per Seniority List wherein the application is the 3rd person, STATING THAT THE OFFICE NOTE IS A PUBLIC DOCUMENT.  Therefore, clarification is sought :  " Whether the aggrieved party ( who was not served any piece of paper duly furnishing the reasons for ignoring his candidature for promotion) can ask the Office Note prepared for giving promotions and signed by the appointing authority, or not to prefer an Administrative Appeal against the Orders of the Appointing authority passed ignoring the candidature of the application (who is fully qualified for promotion)



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